Hi BP - what's the downside to having an agent represent both me as the buyer and the seller? The agent sent me their listing, I offered on it, and eventually got my offer accepted. This is for a buy and hold rental. Am I now obligated to have the agent represent me? Would there be something unethical about seeking my own buyer's agent at this point? This agent has been sending me properties over the last couple of months (their listings, others' listings, and off market). I have not signed a buyer representation agreement at this point. Any advice would be greatly appreciated. Thanks.

Hi @Brianna M. , I can't speak to California specific rules but in Mass if that agent drafted the offer and presented the offer to the sellers on your behalf than you would have to see it through with that agent. We call it procuring cause. Any particular reason why you are hesitate at this point to proceed with the agent?

Originally posted by @Sam Horton :

Hi @Brianna M. , I can't speak to California specific rules but in Mass if that agent drafted the offer and presented the offer to the sellers on your behalf than you would have to see it through with that agent. We call it procuring cause. Any particular reason why you are hesitate at this point to proceed with the agent?

Nothing in particular about the agent at this point (aside from a couple of shady things I've read about concerning other parts of their business). It's really just the general idea of dual agency that concerns me, particularly as a newer out of state investor. I just worry about their ability to best represent and protect interests for both sides. That said, I want to be fair, which is why I also wanted to know if not using them would be considered unethical.

@Brianna M. I would recommend reaching out to your attorney and see what options you could pursue. Regarding the ethics of it, if you don't feel comfortable with the agent than I wouldn't consider that unethical. However the agent might see it differently if you were to pull the offer with them and resubmit with another agent.

Originally posted by @Brianna M. :

Originally posted by @Sam Horton:

Hi @Brianna M. , I can't speak to California specific rules but in Mass if that agent drafted the offer and presented the offer to the sellers on your behalf than you would have to see it through with that agent. We call it procuring cause. Any particular reason why you are hesitate at this point to proceed with the agent?

Nothing in particular about the agent at this point (aside from a couple of shady things I've read about concerning other parts of their business). It's really just the general idea of dual agency that concerns me, particularly as a newer out of state investor. I just worry about their ability to best represent and protect interests for both sides. That said, I want to be fair, which is why I also wanted to know if not using them would be considered unethical.

There is nothing "fair" about dual agency. He has inside knowledge of both sides of the transaction. Wouldn't you love to know both sides of a large stock trade or negotiating your pay raise before it happens? You'd be able to manipulate things to your advantage. That is why it is outlawed in government transactions. Dual agency is unethical, and the practice should be banned.